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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
88-- 371737
RECORtlED IN OFFlCIAl RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNlY
CALIFORNIA
MIN. lOA M, Mjl,R l}8 1988
p (./.
COVEN GREEMENT
ACKNOWLEDGING DISTANCE LIMITATIONS REGARDING HORSES
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of
which is hereby acknowledged,
WESTCO LAND INC. A CALIFORNIA CORPORATION
hereinafter referred to collectively as "Covenantors", hereby
declare they are the owners of that certain real property located
at 1427 Linda way in the City of Arcadia, County of Los Angeles,
State of California, legally described as follows:
Lat 8, Tract No'. 44524, in the City of
Arcadia, County of Los Angeles, State of
California, as per map recorded in Book 1091
Page 46 of maps in the office of the Los
Angeles County Recorder.
all of which aforedescribed is hereinafter referred to
collectively as the "Affected Land" hereby agree and covenant
with the City of Arcadia, a Municipal Corporation (hereinafter
referred to as the "Covenantee") on behalf of and for the benefit
of the Covenantee's land, which is the public street and right-
of-way adjacent and contiguous to the Affected Land, and on
behalf of and for the benefit of the "Benefitted Land" which
consists of and includes all the public and private land located
within 500 feet of the Affected Land, as follows:
1. That those horses kept, maintained and located on
property surrounding the Affected Land within six (6) months of
the time that building permits are issued for the new main
dwellings on the "affected land" may be kept, located, and
maintained within one hundred (100) feet but not less than thirty
five (35) feet from any main dwelling, new guest house, or
addi tion to the new dwell ing or guest house. Thi s Covenant
affirms the allowance of non-conforming uses as set forth herein.
It is understood that if the use, keeping and maintenance of
horses on surrounding property is abandoned, no horses on
surrounding property are permitted unless they are maintained,
kept and located in excess of one hundred (100) feet from any
dwelling or building as set forth above. The terms "maintained,"
"kept" and "located" shall include housed, tethered, riding and
pasturing. Covenantors shall take no action inconsistent with or
in any way counter to the rights of surrounding property owners
or users as set forth herein.
2. If this Covenant and Agreement is breached by
Covenantors or their successors or assigns, Covenantee is hereby
authorized to bring an action in a court of competent
jurisdiction to enforce this Covenant and Agreement. In the
event of such legal actions, Covenantors or their successors or
assigns shall be liable for the reasonable attorney's fees of
Covenantee. That in addition to other remedies available by law
to the Covenantee to enforce this Covenant and Agreement, if
this Covenant and Agreement is breached, the City of Arcadia may
revoke its approval action involving subject property.
3.
Cavenantors agree to notify
in interest in Affected Land
(Disclosure to all purchasers)
their assignees
of this Covenant
and
and
successors
Agreement.
CAT. NO. NN00737
TO 1945 CA, (8-84)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angp 1 p~
March 14, 1988
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~ TICOR TiTlE INSURANCE j
a Notary Public in and for
t~-~g :.~.1, {~ ~.7, I · I . I I ..
"~" OFFICIAL SEAL 1
"y ,-lA':', GEORGIA L MEEHAN
::~~(".... ~':-.. ~ Notc.ry Public-California
,r "i\\.~,;':-i:~,' Principal Office In
t ,~""'."-"7 Los Anseles County ;
C:~5:t~l- My Comm. Exp. Apr. 19. 1990 t
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(This area for official notarial sean
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4. This Covenant a,nd Agreement is for the benefit of tLe
Covenantee and its heirs, successors and assigns and is for the
benefit of and shall insure to the benefit of all the Benefitted
Land and the heirs, successors and assigns of the owners af the
Benefitted Land, and this Covenant and Agreement shall run with
the land and shall be binding upon the heirs, successors and
assigns of the Covenantors, and may be released in writing by the
Cavenantee.
5. The City of Arcadia in its capacity as Covenantee and in
its capacity as the legal representative of the residents of the
City of Arcadia and more particularly as the legal representative
of all the owners of the Benefitted Land is hereby authorized to
enforce the provisions of this Covenant and Agreement.
6. If any section, subsection, sentence, clause, phrase or
portion of this Covenant and Agreement is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this Covenant and
Agreement.
IN WITNESS WHEREOF, Covenantors have executed
instrument on the date shown opposite their signatures.
this
"COVENANTORS"
WESTCO LAND INC.
A California Corpartion
Dated: 5~/L{-88
~~~~
George . wygar' ., Pre _nt
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"COVENANTEE"
City of Arcadia
BYg:~~~
City Manager
Dated: .5'-/~ -&f
APPROVED AS TO FORM:
88~ 371737
!!1;:!/! M!f!P-
City Attorney
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